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HomeMy WebLinkAbout2011 07 19 Consent 200 Approval of June 21, 2011 Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JUNE 21, 2011 CALL TO ORDER The Regular Meeting of Tuesday, June 21, 2011 of the Code Enforcement Board was called to Order by Vice Chairman Hugh Fisher at 7:00 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairman Laura -Leigh Wood, absent Vice Chairman Hugh Fisher, present Board Member Dick Crenshaw, present Board Member Barbara Croswell, present Board Member Carole Giltz, present Board Member Tony Ingria, arrived at 7:01 p.m. Board Member Leah Weisman, present Assistant City Attorney Kate Latorre, present Vice Chairman Fisher announced Chairman Laura -Leigh Wood would not be attending and stated, "Her absence is excused." There was a moment of silence for our Armed Forces followed by the Pledge of Allegiance. Assistant to the City Clerk Gayle Coutant swore in the Winter Springs Code Enforcement Inspectors who may be providing Testimony during the presentation of the Cases. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 21, 2011 PAGE 2 OF 18 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The May 17, 2011 Code Enforcement Board Regular Meeting Minutes. Vice Chairman Fisher inquired, "Do I have Motion for the Approval of the May 17 2011 Regular Meeting Minutes ?" "SO MOVED." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER INGRIA: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. REPORTS REPORTS 400. Office Of The Citv A Assistant City Attorney Kate Latorre explained, "I tried to reorganize the Motions in a way that was really easy to use based on what kind of Case we're considering and this will be formally incorporated into the Code Enforcement Board's Policy and Procedure Manual, probably at the next meeting in July. We are going to bring forward some minor technical revisions to your manual, based on some changes and State Law as to the composition of the Board and include these Motions in there in place of those lengthy Findings of Facts and — Relief Orders." Vice Chairman Fisher remarked, "Thank you very much for continuing to streamline our process." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 21, 2011 PAGE 3 OF 18 REPORTS 401. Code Enforcement Bureau Captain Glenn Tolleson, Code Enforcement Bureau, Police Department noted, "I would like to let you all know that I am retiring effective June 30 th , ( 2011). So, this would be my last meeting. Captain Chris Deisler, (Police Department) will be taking over and equally as those of you who knew Vivian (Poyser, Code Enforcement Secretary, Police Department) she's also leaving the Agency on June 29 1h , ( 2011)." Continuing Captain Tolleson said, "I've enjoyed all the support from you all over the many years." Vice Chairman Fisher commented, "On behalf of the Code Enforcement Board, I would like to thank you, Captain Tolleson for an absolute outstanding job." Next Vice Chairman Fisher noted, "It has been apparent to me that you are an outstanding Officer and have gone above and beyond what many people would have done and I congratulate you and hope that you sincerely enjoy your retirement as much as I have." Captain Tolleson replied, "Thank you." REPORTS 402. Office Of The Citv Clerk No Report was given. REPORTS 403. Code Enforcement Chairman No Report. REPORTS 404. Code Enforcement Vice Chairman No Report was given. REPORTS 405. Code Enforcement Board Members There were no Reports. PUBLIC INPUT No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 21, 2011 PAGE 4 OF 18 PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 500.1 Not Used. PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 501.1 Not Used. Assistant to the City Clerk Coutant noted, `Board Members, I just wanted to let you know there are some Agenda changes. We will not be hearing Agenda Items `502.3' through `502.8', which is the 204 South Moss Road address. In addition to that, we will not be hearing Agenda Items `502.9' through `502.11', and we will also not be hearing `502.16'." PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 502.1 Code Enforcement Bureau - Police Department CASE #10- 0025023 Scott W. Roberts 311 South Edgemon Avenue Winter Springs, Florida 32708 Section 13 -2. (Trash And Debris) Date Of Service: Certified - Proof Of Delivery May 27, 2011 Inspector - Christi Flannigan Vice Chairman Fisher asked Christi Flannigan, Inspector, Code Enforcement Bureau, Police Department, "Do you have any items to be presented into Evidence ?" Inspector (Christi) Flannigan responded, "The CD of our presentations, presented as `WS F." Inspector (Christi) Flannigan then distributed a letter which was sent to the property owner, Mr. Scott W. Roberts along with a copy of the Certified Return Receipt and the green return receipt card for the Notice of the Hearing. Inspector (Christi) Flannigan then provided Testimony and a PowerPoint presentation and stated, "I observed this on February 7 of 2011. He received Certified Notification of the Violation on February 16 (2011). The property failed Re- Inspection on February 14 (2011), February 17 (2011), March 18 (2011), March 23 rd , ( 2011), April 4th (2011), April 7 (2011), April 11 (2011), April 18 (2011), April 27 (2011), May 9 (2011), May 16 (2011), May 23 rd , ( 2011), June 6 (2011), June 10 (2011), and yesterday, June 20 (2011). Certified mail was signed - on March 17 (2011). The Hearing notification, Certified Mail was signed on May 27 th of 2011." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 21, 2011 PAGE 5 OF 18 Next, Inspector (Christi) Flannigan reported on the trash and debris she observed at the property and said, "I spoke to the owner on March 22" ( 2011). I was trying to get in contact with his son because there are several issues with the house and I was advised by a few neighbors of some other issues on the inside of the property. I was trying to get in contact with him to meet with his son and possibly get his son to help clean up the property and make some improvements. That is whenever I sent him a copy of the letter asking him to meet with me because he refused when we spoke on the phone to meet with me so we could go over the Violations. He told me then that he had lost his phone and that he would not be able to make contact with his son because he didn't know his number and he was in another state. He is an elderly gentleman, which is why I was trying to make contact with his son." Inspector (Christi) Flannigan then stated, "We are asking for Finding of Fact and Relief." Following, photographs of the Violations were shown to those present at this meeting and further comments regarding the photographs were noted. Vice Chairman Fisher announced, "At this time we would like to give the Respondent a chance to present Testimony. Is the Respondent present at this time? Let the Record reflect that the Respondent is not present." "I MOVE TO FIND RESPONDENT(S) IN VIOLATION OF THE CITY CODE AND THAT RESPONDENT BE GIVEN UNTIL JULY 6 TH , ( 2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE OF A HUNDRED DOLLARS ($100.00) A DAY FOR THE FIRST DAY, AND A HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VICE CHAIRMAN ASKED, "WHO IS LIVING IN THE HOUSE?" INSPECTOR (CHRISTI) FLANNIGAN ANSWERED, "THE — PROPERTY OWNER IS LIVING IN THE HOUSE." BOARD MEMBER CRENSHAW INQUIRED, "DO YOU STILL THINK HE IS THERE, EVEN THOUGH HE HAS NOT ANSWERED THE DOOR?" INSPECTOR (CHRISTI) FLANNIGAN REPLIED, "YES. HE HAS TWO (2) VEHICLES — A TRUCK AND A CAR AND THEY ALTERNATELY LEAVE. SO SOMEBODY IS STILL THERE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 21, 2011 PAGE 6 OF 18 VOTE: VICE CHAIRMAN FISHER: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER GILTZ: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.2 Code Enforcement Bureau — Police Department CASE #10- 0025024 Scott W. Roberts 311 South Edgemon Avenue Winter Springs, Florida 32708 Section IPMC 304.6. (Exterior Wall — Rotten) Date Of Service: Certified — Proof Of Delivery May 27, 2011 Inspector — Christi Flannigan Inspector (Christi) Flannigan provided Evidence labeled, "WS 2" and "WS 3" for this Case, representing the same Certified letter as the previous letter and the Certified copy the property owner Mr. Scott W. Roberts signed for relating to this Hearing. Next, Inspector (Christi) Flannigan explained that this Violation was first observed on February 2, 2011 and that the property had failed Re- Inspection on numerous dates through June 20, 2011. Following, Inspector (Christi) Flannigan mentioned that Certified Mail was signed by Mr. Scott Roberts, the property owner on March 7, 2011, which notified him of this Violation. Inspector (Christi) Flannigan then noted, "The rear section of the house has a large section of the exterior wall that has rotted that is up to the roof. He has pulled a roofing permit. He has not done anything as far as the wall is concerned." Continuing, Inspector (Christi) Flannigan said, "Scott Roberts signed for the Notice of Hearing on May 27 of 2011. We are asking for Finding of Fact and Relief." Photographs of this property were then displayed. Vice Chairman Fisher announced, "At this time we would like to give the Respondent a chance to present Testimony. Is the Respondent present at this time? Let the Record reflect that the Respondent is not present." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 21, 2011 PAGE 7 OF 18 Board Member Dick Crenshaw commented, "I would like to compliment Christi (Flannigan). The efforts she went to, to try and help this gentleman by getting in touch with his son — on this, above and beyond your duties." Inspector (Christi) Flannigan replied, "Thank you." "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL JULY 6 TH , ( 2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THAT DATE, A FINE IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) FOR THE FIRST DAY, AND A HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER CROSWELL: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.3 Code Enforcement Bureau — Police Department CASE #11- 0025335 Bank Of America (Correspondence Unit CA 6- 919- 01 -41) 204 South Moss Road Winter Springs, Florida 32708 Section IPMC 304.4. (Structural Members — Deterioration Of Exterior Wall) Date Of Service: Certified — Proof Of Delivery May 27, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 21, 2011 PAGE 8 OF 18 PUBLIC HEARINGS - NEW CASES 502.4 Code Enforcement Bureau — Police Department CASE #11- 0025337 Bank Of America (Correspondence Unit CA 6- 919- 01 -41) 204 South Moss Road Winter Springs, Florida 32708 Section 9 -374. (No House Numbers) Date Of Service: Certified — Proof Of Delivery June 3, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.5 Code Enforcement Bureau — Police Department CASE #11- 0025340 Bank Of America (Correspondence Unit CA 6- 919- 01 -41) 204 South Moss Road Winter Springs, Florida 32708 Section 13 -2. (Trash And Debris) Date Of Service: Certified — Proof Of Delivery June 3, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.6 Code Enforcement Bureau — Police Department CASE #11- 0025341 Bank Of America (Correspondence Unit CA 6- 919- 01 -41) 204 South Moss Road Winter Springs, Florida 32708 Section 6 -195. (Fence In Disrepair) Date Of Service: Certified — Proof Of Delivery May 27, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 21, 2011 PAGE 9 OF 18 PUBLIC HEARINGS - NEW CASES 502.7 Code Enforcement Bureau — Police Department CASE #11- 0025342 Bank Of America (Correspondence Unit CA 6- 919- 01 -41) 204 South Moss Road Winter Springs, Florida 32708 Section IPMC 304.13. (Broken Window) Date Of Service: Certified — Proof Of Delivery June 3, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.8 Code Enforcement Bureau — Police Department CASE #11- 0025350 Bank Of America (Correspondence Unit CA 6- 919- 01 -41) 204 South Moss Road Winter Springs, Florida 32708 Section IPMC 304.2. (Exterior Wall — Covering) Date Of Service: Certified — Proof Of Delivery May 27, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.9 Code Enforcement Bureau — Police Department CASE #11- 0025577 Marta Horvath 114 Murphy Road Winter Springs, Florida 32708 Section 13 -2. (Stagnant Pool) Date Of Service: Certified — May 27, 2011 Inspector — Jim Flannigan This Case was not brought to this Hearing. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 21, 2011 PAGE 10 OF 18 PUBLIC HEARINGS - NEW CASES 502.10 Code Enforcement Bureau — Police Department CASE #11- 0025710 Mark Pinsky And Sarah M. Brown 116 Cory Lane Winter Springs, Florida 32708 Section IPMC 304.2. And 304.6. (Exterior Wall — Paint) Date Of Service: Certified — Returned "Unclaimed" June 1, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.11 Code Enforcement Bureau — Police Department CASE #11- 0025711 Mark Pinsky And Sarah M. Brown 116 Cory Lane Winter Springs, Florida 32708 Section IPMC 304.9. (Overhang Extensions — Soffits) Date Of Service: Certified — Returned "Unclaimed" June 1, 2011 Inspector — Christi Flannigan This Case was not brought to this Hearing. PUBLIC HEARINGS - NEW CASES 502.12 Code Enforcement Bureau — Police Department CASE #11- 0025740 Wesley L. Smith 111 Elderwood Street Winter Springs, Florida 32708 Section IPMC 304.13. (Broken Window) Date Of Service: Certified — May 27, 2011 Inspector — Christi Flannigan Inspector (Christi) Flannigan provided Evidence "WS 2 ", the Affidavit of Posting to Vice Chairman Fisher and began her Testimony with a PowerPoint presentation. Inspector (Christi) Flannigan noted, "I first observed this on March 29 of 2011. The front window, observed from the street, is broken. Property has failed Re- Inspection on April, 4 th , ( 2011), April 7 th , ( 2011), April 12 th , ( 2011), April 22" ( 2011), April 27 (2011), May 9 1h , ( 2011), May 16 th , ( 2011), May 23 rd , ( 2011), May 26 th , ( 2011), June 1 st (2011), June 6 th , ( 2011), June 10 th , ( 2011), and June 20 1h , ( 2011). Certified Mail was returned as 'Unclaimed'." Following Inspector (Christi) Flannigan noted, "We are asking for Finding of Fact and Relief " CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 21, 2011 PAGE 11 OF 18 Next, the photographs pertaining to this Case were viewed. Vice Chairman Fisher asked, "So there has been no response ?" Inspector (Christi) Flannigan replied, "Correct ". Vice Chairman Fisher announced, "At this time we would like to give the Respondent a chance to present Testimony. Is the Respondent present at this time? Let the Record reflect that the Respondent is not present." Board Member Crenshaw inquired, "Is the house occupied ?" Inspector (Christi) Flannigan responded, "No, it is not." "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL JULY 6 TH , ( 2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF A HUNDRED DOLLARS ($100.00) FOR THE FIRST DAY, AND A HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER WEISMAN. DISCUSSION. VICE CHAIRMAN FISHER INQUIRED ABOUT THE PHOTOGRAPHS THAT WERE DISPLAYED. FOLLOWING, BOARD MEMBER CAROL GILTZ ASKED, "HOW DO WE COME UP WITH THE AMOUNT OF THE FINE?" BOARD MEMBER CRENSHAW OFFERED HIS EXPLANATION. NEXT, CAPTAIN TOLLESON COMMENTED, "THE CHART THAT YOU ARE LOOKING AT IS FOR CITATIONS. IF SHE WOULD HAVE ISSUED A CITATION, IT WOULD HAVE BEEN FIFTY DOLLARS ($50.00) AND IF THEY CONTESTED THAT CITATION, IT WOULD GO TO THE CLERK OF THE COURT AND GO THROUGH A JUDGE. IT'S LIKE ANY OTHER CITATION THAT WE MAY WRITE. AS FAR AS SETTING A FINE AMOUNT — EACH ONE OF THESE CASES IS INDEPENDENT OF ITSELF. YOU WANT TO EVALUATE THE GRAVITY OF THE CASE, PRESENTATION, THE FACTS THAT ARE PRESENTED AND THE EVIDENCE THAT THE CITY'S OFFERED OR THE RESPONDENT MAY OFFER AND YOU AS THE BOARD ARE COMPELLED TO COME UP WITH APPROPRIATE FINE OF WHATEVER THAT MAY BE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 21, 2011 PAGE 12 OF 18 ATTORNEY KATE LATORRE ADDED, "EVERYTHING THAT BOTH OF YOU GENTLEMAN PRESENTED IS RIGHT. THERE IS A LITTLE BIT OF GUIDANCE IN THE (FLORIDA) STATUTES AS TO HOW TO SET A FINE. YOU CAN'T EXCEED TWO HUNDRED AND FIFTY DOLLARS ($250.00) A DAY FOR A FIRST TIME VIOLATION OR FIVE HUNDRED DOLLARS ($500.00) A DAY FOR A REPEAT (VIOLATION) AND THEN THE (FLORIDA) STATUTES PROVIDES A LITTLE GUIDANCE SAYING THAT `YOU CAN CONSIDER THE GRAVITY OF THE VIOLATION', LIKE CAPTAIN TOLLESON MENTIONED, `ANY ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE VIOLATION'; WHICH IN THIS CASE IS NOTHING, AND THEN `ANY PREVIOUS VIOLATIONS'. SO MAYBE THEY'VE HAD A SERIES OF OTHER UNRELATED VIOLATIONS WHICH DOESN'T MAKE THEM A REPEAT VIOLATOR UNDER THE LAW, BUT THEY'RE JUST A CHRONIC VIOLATOR. YOU CAN MAYBE CHARGE THEM MORE THAN YOU WOULD SOMEBODY WHO'S COMMITTED A FIRST TIME OFFENSE. THERE IS NO MINIMUM - YOU COULD TECHNICALLY CHARGE THEM TEN DOLLARS ($10.00) A DAY, TWENTY -FIVE DOLLARS ($25.00) A DAY, IF YOU THINK A HUNDRED (DOLLARS) [$100.00] IS TOO STEEP. BUT IT IS REALLY UP TO YOU BASED ON THOSE FACTORS." FURTHER DISCUSSION. ATTORNEY LATORRE THEN MENTIONED, "THE SAME GOES FOR THE LENGTH OF TIME YOU GIVE A PROPERTY OWNER TO COMPLY. IF IT'S SOMETHING VERY SIMPLE - TWO (2) OR THREE (3) WEEKS MAY BE ENOUGH. IF IT'S A MORE COMPLICATED REPAIR, YOU MIGHT WANT TO GIVE THEM THIRTY (30) OR SIXTY (60) DAYS. IF THEY COME BACK IN THIRTY (30) OR SIXTY (60) DAYS AND SAY `I COULDN'T DO IT, I NEED THIRTY (30) MORE DAYS'; YOU COULD GIVE THEM AN EXTENSION OF TIME. YOU HAVE A LOT OF LEEWAY ON WHAT YOU CAN DO AS A BOARD TO SEEK COMPLIANCE WITH A COOPERATIVE PROPERTY OWNER." FURTHER COMMENTS ENSUED. VOTE: BOARD MEMBER CRENSHAW: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CROSWELL: AYE VICE CHAIRMAN FISHER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 21, 2011 PAGE 13 OF 18 PUBLIC HEARINGS - NEW CASES 502.13 Code Enforcement Bureau — Police Department CASE #11- 0025742 Wesley L. Smith 111 Elderwood Street Winter Springs, Florida 32708 Section 6 -195. (Fence In Disrepair) Date Of Service: Certified — May 27, 2011 Inspector — Christi Flannigan Inspector (Christi) Flannigan provided Evidence and began Testimony, but this Case was withdrawn and presentation did not continue at this meeting. PUBLIC HEARINGS - NEW CASES 502.14 Code Enforcement Bureau — Police Department CASE #11- 0025834 Jimmy L. Vessels 239 Oak Road Winter Springs, Florida 32708 Section IPMC 304.2. And 304.6. (Protective Treatment And Exterior Walls — Holes) Date Of Service: Certified — Returned "Vacant" Mail — May 29, 2011 Inspector — Christi Flannigan Vice Chairman Fisher asked Inspector (Christi) Flannigan if she had anything to be submitted for Evidence, in which she noted, "I would like to present `WS 2' for this Case. It's the Affidavit of Posting for the Hearing." Next, Inspector (Christi) Flannigan began Testimony and indicated that she first observed this Violation on April 5, 2011 and provided a list of dates in which it failed Re- Inspection. Continuing, Inspector (Christi) Flannigan commented, "The Certified letter of Notice of the Code Violation was returned `Unable to forward' and the Notice of Hearing was also returned. There are several large holes in the front of the residence. I am asking for Finding of Fact and Relief." Following, Inspector (Christi) Flannigan described photographs she took and were shown to those present at this meeting. Further discussion ensued. Vice Chairman Fisher stated, "At this time we would like to give the Respondent a chance to present Testimony. Is the Respondent present at this time? Let the Record reflect that the Respondent is not present." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 21, 2011 PAGE 14 OF 18 "I MOVE TO FIND RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL JULY 6 TH , ( 2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) FOR THE FIRST DAY, AND ONE HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. SECONDED BY BOARD MEMBER CRENSHAW. DISCUSSION. VOTE: VICE CHAIRMAN FISHER: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER WEISMAN: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.15 Code Enforcement Bureau — Police Department CASE #11- 0025836 Jimmy L. Vessels 239 Oak Road Winter Springs, Florida 32708 Section IPMC 304.9. (Overhang Extensions — Rotten Fascia) Date Of Service: Certified — Returned "Vacant" Mail — May 29, 2011 Inspector — Christi Flannigan Inspector (Christi) Flannigan presented the Board with Evidence in which Vice Chairman Fisher labeled "WS 2 ", Affidavit of Posting for Hearing and she noted, "The Hearing Notification was returned for `Vacant'." Continuing, Inspector (Christi) Flannigan then began her Testimony and stated, "I first observed this Violation on Aril 5 2011. It failed Re- Inspection on April 7 (2011 April 11 (2011), April 15 , (2011), April 18 (2011), April 27 (2011), May 9 , (2011) , May 16 (2011), May 23 rd , ( 2011), May 26 (2011), June 1 (2011), June 6th (2011), June 10 (2011), and June 21 (2011). Certified Mail was returned as `Undeliverable' because it was Vacant. There's several areas of the fascia that are rotten and falling down. I am asking for Finding of Fact and Relief." Photographs of this property in Violation were shown. Board Member Giltz asked about the property owner receiving notification if the home is Vacant. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JUNE 21, 2011 PAGE 15 OF 18 Inspector (Christi) Flannigan mentioned that she refers to the Seminole County Property Appraisers website to verify if the home is in foreclosure and stated, "I usually check my Cases to see if it's been foreclosed on before we come here. Because if it has, I need to pull it anyway and until it is foreclosed on, the only owner that we have is off the Property Appraiser's list. But as soon as the Bank or whoever, if it's in foreclosure files, it goes into the (Seminole County) Clerk's record and we can have access to the Bank's information to notify them." In response to Board Member's inquires about Liens, Attorney Latorre replied, "That's exactly right. That Order turns into a Lien when it's recorded in the Public Records. The Staff is meeting their minimum obligations under the (Florida) Statute and even going beyond that by trying to notify the Bank in certain circumstances. The (Florida) Statute requires you notify the record owner at the address on file with the Tax Collector and it's really all you can do with the information you have. They are going above and beyond in certain Cases and trying to find the Bank that may be involved. Sometimes you will get response from the Bank; not very often, but sometimes. But, it does accumulate and become a Lien and if it's a homestead property there is really nothing we can do with the Lien because it's protected. In the event that changes hands and it's not homesteaded, then we can foreclose on the Lien arguably and try to recoup the funds of the accumulated." Further discussion. Captain Tolleson addressed the Board and commented, "There was a study done and up in the northeast, they are projecting forty -nine (49) years before they get their foreclosures out of backlog. The State of Florida is showing ten (10) years." Continuing, Captain Tolleson remarked, "We actually go and take care a lot of these ourselves. There are some companies out there that are assisting us. There are volunteer groups that help." Tape 1 /Side B Additional comments with regards to foreclosures and Liens ensued. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT BE GIVEN UNTIL JULY 6 TH , ( 2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) FOR THE FIRST DAY, AND ONE HUNDRED DOLLARS ($100.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED." MOTION BY BOARD MEMBER GILTZ. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 21, 2011 PAGE 16 OF 18 VICE CHAIRMAN FISHER RESPONDED "DO WE HAVE A SECOND?" BOARD MEMBER WEISMAN STATED, "SECOND." VICE CHAIRMAN FISHER THEN SAID, "WE HAVE A MOTION BY BOARD MEMBER GILTZ, A SECOND BY BOARD MEMBER WEISMAN. BOARD MEMBER CROSWELL STATED, "I SECOND." VICE CHAIRMAN FISHER THEN NOTED, "SECOND WAS BY — BOARD MEMBER CROSWELL." DISCUSSION. VOTE: BOARD MEMBER CROSWELL: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER WEISMAN: AYE BOARD MEMBER CRENSHAW: AYE VICE CHAIRMAN FISHER: AYE MOTION CARRIED. PUBLIC HEARINGS - NEW CASES 502.16 Code Enforcement Bureau — Police Department CASE #11- 0025874 Damaso And Carment G. Rivera 141 Lori Anne Lane Winter Springs, Florida 32708 Section IPMC 304.8. (Decorative Features — Exterior Building Wood Rot Around Bottom /Top) Date Of Service: Certified — May 31, 2011 Inspector — Jim Flannigan This Case was not brought to Hearing. PUBLIC HEARINGS - NEW CASES 502.17 Code Enforcement Bureau — Police Department CASE #11- 0025988 Jennifer L. Norris And Jonathan D. Wall 672 Cheoy Lee Circle Winter Springs, Florida 32708 Section 13 -2. (Stagnant Pool) Date Of Service: Certified — Proof Of Delivery June 2, 2011 Inspector — Jim Flannigan Vice Chairman Fisher asked, "Inspector (Jim) Flannigan (Code Enforcement Bureau, Police Department) do you have items to be presented into Evidence ?" Inspector (Jim) Flannigan replied, "Yes — I do, I have two (2) Certified Receipts for the Notice of tonight's meeting." Vice Chairman Fisher labeled the Evidence as "WS 2" and "WS 3 ". CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 21, 2011 PAGE 17 OF 18 Inspector (Jim) Flannigan presented his Testimony and gave a PowerPoint presentation stating, "This Violation was first observed on April 14 2011. I received a complaint from a neighbor of a stagnant pool at a Vacant house. I could observe the pool from the side of the property which has a screen enclosure but there is no fence to the property. The house is Vacant. Contact was made with the homeowners who provide Bank information and bankruptcy discharge information to Bank of America; that they've gone through bankruptcy court already. Bank of America is the mortgage company, but they have not — claimed ownership of the property or filed any paperwork with the (Seminole County) Clerk's Office." Continuing with his Testimony, Inspector (Jim) Flannigan explained that the Notices were mailed to both owners and were signed for on June 2, 2011 and then provided dates that the property failed Re- Inspection. Next, Inspector (Jim) Flannigan noted, "Certified Mail with Code Board Meeting was delivered on June 2, 2011. We are asking for Finding of Fact and Relief in this matter." The photographs pertaining to this Case were displayed for viewing. Vice Chairman Fisher asked, "Is the pool enclosure intact ?" Inspector (Jim) Flannigan answered, "Yes it is." Discussion. Continuing, Vice Chairman Fisher stated, "At this time we would like to give the Respondent a chance to present Testimony. Is the Respondent present at this time? Let the Record reflect that the Respondent is not present." "I MOVE TO FIND RESPONDENT(S) IN VIOLATION OF THE CITY CODE AND ORDER THAT RESPONDENT TO BE GIVEN UNTIL JULY 6 TH , ( 2011) TO CORRECT THE VIOLATION. IN THE EVENT RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) A DAY FOR THE FIRST DAY, AND TWO HUNDRED AND FIFTY DOLLARS ($250.00) FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER SHALL BE IMPOSED. FURTHER, THE VIOLATIONS CONSTITUTE A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE, AND IN THE EVENT THE RESPONDENT DOES NOT CORRECT THE VIOLATION BY THE DATE SET IN THIS ORDER, THE CODE INSPECTOR SHALL BE NOTIFIED AND APPROPRIATE ACTION SHALL BE TAKEN BY THE CITY CONSISTENT WITH CHAPTER 162, FLORIDA STATUTES, TO BRING THE PROPERTY INTO COMPLIANCE." MOTION BY BOARD MEMBER CRENSHAW. SECONDED BY BOARD MEMBER GILTZ. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — JUNE 21, 2011 PAGE 18 OF 18 VOTE: BOARD MEMBER WEISMAN: AYE VICE CHAIRMAN FISHER: AYE BOARD MEMBER GILTZ: AYE BOARD MEMBER CROSWELL: AYE BOARD MEMBER INGRIA: AYE BOARD MEMBER CRENSHAW: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS — NON - COMPLIANCE CASES 503.1 Not Used. REGULAR AGENDA REGULAR 600. Not Used. In other business, Vice Chairman Fisher recognized Captain Tolleson and commented, "Again, I would like to thank — Captain Tolleson, once again for your outstanding service to the City of Winter Springs and to this Board and we welcome the new Officer — (Captain) Chris Deisler." Discussion ensued regarding qualification procedures for Captain Deisler at the next Code Enforcement Board Meeting and Vice Chairman Fisher added, "We would like for Officer (Captain) Deisler to just present a little of his background for us at the beginning of the next meeting as part of his Report and we will look forward to working with you." ADJOURNMENT Vice Chairman Fisher adjourned the Regular Meeting at 7:57 p.m. RESPECTFULLY SUBMITTED: GAYLE COUTANT ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the 1 2011 Code Enforcement Board Regular Meeting.